14.5.2005   

EN

Official Journal of the European Union

C 115/35


Action brought on 7 March 2005 by Reckitt Benckiser N.V. against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case T-119/05)

(2005/C 115/63)

Language of the case: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) was brought before the Court of First Instance of the European Communities on 7 March 2005 by Reckitt Benckiser N.V., established in Hoofddorp (The Netherlands) represented by G.S.P. Vos, lawyer.

The applicant claims that the Court should:

annul the decision adopted on 17 December 2004 by the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)in case R 43/2004-2

allow registration of the Community trade mark 2 778 488

order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned:

A three-dimensional mark of a transparent rectangular container with rounded angles on the underside and sphere like on the upper side, containing speckled blue gel and a large white ball, for goods in class 1 (water softeners etc.) and 3 (laundry preparations etc.) — application No 2 778 488

Decision of the examiner:

Refusal of registration

Decision of the Board of Appeal:

Dismissal of the appeal

Pleas in law:

Misapplication of Article 7(1)(b) of Regulation (EC) No 40/94

Misapplication of Article 7(1)(c) of Regulation (EC) No 40/94